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Cap1 sued me

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Anonymous
Not applicable

Cap1 sued me

Question for those more knowledgable than me on this subject.  Due to some unforeseen circumstances, I got behind on my Cap1 card in 2018 and the reported it as a CO.  I wasn't in a place to make a payment on it so I just let it go (stupid, I know).  Last February, just before Covid hit, I was served with a lawsuit from Michael J. Scott on behalf of Cap1.  In response, I filed a timely answer making a few affirmative defenses.  Here is the caveat--I filed this answer about 5 days before the entire country shut down due to COVID.  I never got any correspondance from on my answer.  The CO still shows on my CR and is actively being reported and has Cap1 as the creditor still (not sold off).  My question is, does the lack of any response since last March mean I can file dispute asking this to be removed now?  Thanks in advance.

5 REPLIES 5
RobertEG
Legendary Contributor

Re: Cap1 sued me

The civil action is separate and apart from credit reporting.

A dispute is filed with the CRA for inaccurate or incomplete information reported by the creditor.

 

What is the asserted inaccuracy in their reporting?

 

As for lack of response ftom the court after filing your answer to their complaint, you need to contact the office of the clerk of the court for any information you seek as to the status of the civil proceeding......

Message 2 of 6
Jnbmom
Credit Mentor

Re: Cap1 sued me


@Anonymous wrote:

Question for those more knowledgable than me on this subject.  Due to some unforeseen circumstances, I got behind on my Cap1 card in 2018 and the reported it as a CO.  I wasn't in a place to make a payment on it so I just let it go (stupid, I know).  Last February, just before Covid hit, I was served with a lawsuit from Michael J. Scott on behalf of Cap1.  In response, I filed a timely answer making a few affirmative defenses.  Here is the caveat--I filed this answer about 5 days before the entire country shut down due to COVID.  I never got any correspondance from on my answer.  The CO still shows on my CR and is actively being reported and has Cap1 as the creditor still (not sold off).  My question is, does the lack of any response since last March mean I can file dispute asking this to be removed now?  Thanks in advance.


Hve you checked your local courts to see if there is any judgement listed? Also what what you be disputing, you stated the debt is yours, nothing to dispute. But take @RobertEG  and contact you local court to see how to proceed........................

EXP 780 EQ 791TU 795
Message 3 of 6
Anonymous
Not applicable

Re: Cap1 sued me

Filed a general denial at the time due to TX rules stating you only have 14 days to file a response.  The purpose of filing a general denial was to afford me more time to get my ducks in a row and potentially settle before it ended up in trial.

 

Yes, I have searched the relevant county and no court case exists.

Message 4 of 6
Anonymous
Not applicable

Re: Cap1 sued me

FYI--there are no judgments either.

Message 5 of 6
vntrsc
Frequent Contributor

Re: Cap1 sued me

If you looked for the lawsuit online and could not find anything, call the clerk of court.  Don't always rely on what you find (or don't find) online.

Message 6 of 6
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